Biden is set to deliver the Obamacare speech as the Supreme Court weighs the future of the law

The Biden transition team has scheduled a speech at 2 p.m. ET about the Affordable Care Act in Wilmington, Delaware.

The speech comes on the day that Supreme Court justices hear oral arguments in a case seeking to nullify the historic health reform law. They will likely hold a preliminary vote at their own conference on Friday and begin the process of writing opinions, although the decision is not expected until the first half of 2021.

President Donald Trump’s administration is looking to repeal the health law signed by former President Barack Obama. Even with Biden taking office on January 20, There is little he can do: Even if his administration changes its stance and argues in favor of Obama Care, the case will continue because the original lawsuit was filed by a coalition of Republican prosecutors.

Obamacare protection It was the main theme of Biden’s campaign. During the Democratic primary, he advocated expanding the law by adding a “public option” that would allow Americans to make purchases in the government-run health insurance plan and by boosting federal subsidies that would make affordable care law coverage more affordable. Competitors’ most progressive campaign has opposed to canceling private insurance entirely in favor of one payer, Medicare for All.

The Trump administration, the House of Representatives and the Republican-led Senate have failed to annul Obamacare during Trump’s first two years in Congress. Trump and the Republican Party in late 2017 enacted a tax law that eliminated Obamacare’s single mandate by setting a $ 0 no-insurance penalty.

The Trump administration subsequently joined the Republican-led states arguing in court that the Congressional action made the single mandate unconstitutional, and since it is a central pillar of the Affordable Care Act, the entire law should be repealed.

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Tuesday’s speech comes as Biden’s transition process becomes more controversial, as Trump refuses to compromise and makes a series of baseless allegations that seek to undermine the legitimacy of the election. His administration has yet to take the necessary legal step to allow the transition to begin by granting the Biden team access to the $ 6.3 million earmarked for the process, as well as access to federal agencies.

CNN’s Tami Luhby contributed to writing this story.